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yeah everyone asks us about wills and
the big question they ask is why do I
need one and the real funny answer is
you don’t now that being said I can
sound a little weird from an attorney
who drafts Wills for a living but the
will is the least important document we
do for people normally people think I
have a will I get to avoid court and
I’ll be great my family’s set and that’s
not true a will is just a stack of
papers that says where you want your
stuff to go when you pass away and who’s
going to be in charge of the court
process so if we’re using your will
we’re in court deciding where stuff’s
going to go it does not avoid probate by
itself there are some other things we
can do to avoid probate with a will but
why everyone should have a will is
because it at least writes down your
instructions lets you say who you want
in charge if there’s minor children you
can name a guardian for them that’s
super important because who’s going to
be Mom and Dad if you can’t be and then
where you want stuff to go so it does
help to stop fights but they’re
definitely are other planning documents
that we do in conjunction with the will
to make sure we also avoid court for you
so it is a little weird that uh you know
you could have a good plan without a
will but it’s always nice to have it as
a backup
Northglenn, CO estate planning & probate attorney Jeff Althaus discusses why you need a will in Colorado. He explains that when it comes to wills, many people ask us why they need one. It may sound strange coming from an attorney who specializes in drafting wills, but the truth is, you don’t necessarily need one. Now, before you find that surprising, let me explain. The will is actually the least crucial document we create for our clients.
Typically, people believe that having a will means they can avoid court and ensure their family is taken care of. However, that’s not entirely accurate. A will is essentially a collection of papers that outline your wishes for the distribution of your assets and who should oversee the court process. If we rely solely on your will, we’ll still end up in court to determine how your assets will be distributed. A will, by itself, does not bypass probate. However, there are additional planning documents we can use in conjunction with a will to help you avoid court.
So, why should everyone have a will? Well, a will does serve some important purposes. Firstly, it provides a written record of your instructions regarding your assets, which can help prevent disputes among family members. Secondly, if you have minor children, a will allows you to designate a guardian for them, ensuring their well-being if you’re no longer able to care for them. Lastly, a will acts as a backup plan, ensuring your intentions are documented.
While it may seem strange that a good plan can be achieved without a will, it’s always reassuring to have one as an additional safeguard. However, it’s important to note that there are other planning documents we can prepare in conjunction with a will to help you avoid court involvement.